United States Presidency and Bureacracy

President's expressed powers

make treaties, grant pardons, nominate judges and other public officials, receive ambassadors and command the military forces

expressed powers

the powers enumerated in the constitution that are granted to the federal government

Delegated Powers

Constitutional powers assigned to one government agency but exercised by another agency with the express permission of the first

Inherent powers

powers claimed by the president that are not expressed in the constitution but are inferred from it. Most often asserted by presidents in times of war or national security

1. Military (commander in chief)

2. Judicial (power to grant reprieves and pardons)

3. Diplomatic (make treaties, receive ambassadors.)

4. Executive (see all laws faithfully executed and appoint executive officers and federal judges)

5. Legislative (power to participate authoritatively in the legislative process)

The presidents expressed powers fall into 5 categories:

Commander in chief

the power of the president as commander in chief of the natl military and the state natl guard units

Reprieve

Cancellation or postponement of a punishment

Pardon

forgiveness of a crime and cancellation of a relevant penalty

Amnesty

a pardon extended to a group of persons

Executive agreement

an agreement between the president and another country that has the force of a treaty but does not require the senate's consent and approval

Executive privilege

the claim that confidential conversations between the president and the president's advisors should not be revealed without the consent of the president

Line item veto

The power of a president to veto specific provisions of a bill passed by the legislature, the SC ruled in 1998 that the constitution does not authorize this however.

War powers resolution

a resolution of congress declaring that the president can send troops into action abroad only by authorization of congress or is us troops are already under attack or seriously threatened.

Legislative initiative

the president's inherent power to bring a legislative agenda before congress

Executive order

a rule or regulation issued by the president that has the effect and formal status of legislation

Natl labor relations board v jones and laughlin steel co

, Congress determined that labor-management disputes were directly related to the flow of interstate commerce and, thus, could be regulated by the national government.

Cabinet

the secretaries or chief administrators of the major departments of the federal government. Cabinet secretaries are appointed by the president with consent of the senate

National Security Council

a presidential foreign policy advisory council composed of the president, the vice president, the secretaries of state, defense, and treasury, the attorney general, and other officials invited by the president.

White house staff

the analysts and advisors to the president often given the title "special assistant"

Kitchen cabinet

an informal group of advisors to whom the president turns for counsel and guidance

Executive Office of the President

he permanent agencies that perform defined management tasks for the president.Created in 1939 the EOP included the Office of Management and Budget and other agencies

Regulatory review

the OMB function of reviewing all agency regulations and other rulemaking before they become official policy

Youngstown sheet & tube co v sawyer

During the Korean War, President Truman issued an executive order to sieze and operate steel mills. The Court held that the President did not have the authority to issue such an order. The Court found that there was no congressional statute that authorized the President to take possession of private property.

Signing statement

an announcement made by the president when a bill is signed into law

1. Executive superiority in national emergencies

2. Superior presidential responsiveness to the public interest

3. The claim that the president is the most democratic branch

3 Myths about presidential power:

Bureaucracy

the complex structure of offices, taxes, rules and principles of organization that are employed by all large scale institutions to coordinate the work of their personnel

implementation

the efforts of departments and agencies to translate laws into specific bureaucratic routines

rule making

a quasi legislative administrative process that produces regulations by government agencies

administrative adjudication

the application of rules and precedents to specific cases to settle disputes with regulated parties

clientele agency

a department or bureau of government whose mission is to promote, serve, or represent a particular interest

regulatory agency

a department, bureau, or independent agency whose primary mission is to eliminate or restrict certain behaviors defined as negative in themselves or negative in their consequences

administrative legislation

rules made by regulatory agencies and commissions

fiscal policy

policies that regulate the economy through taxing and spending powers

monetary policy

policies to regulate the economy through manipulation of the supply of money the price of money and the availability of credit

federal reserve system

a system of 12 federal reserve banks that facilitates exchanges of cash, checks, and credit; regulates member banks; and uses monetary policies to fight inflation and deflation

bureaucratic drift

the oft-observed phenomenon of bureaucratic implementation that produces policy more to the liking of the bureaucracy than faithful to the original intention of the legislation that created it, but without triggering a political reaction from elected officials

coalitional drift

the prospect that enacted policy will change because the composition of the enacting coalition is temporary and provisional

deregulation

the policy of reducing or eliminating regulatory restraints on the conduct of individuals or private institutions

devolution

the policy of removing a program from one level of government by deregulating it or passing it down to a lower level such as form the national government to the state and local governments

privatization

the act of moving all or part of a program form the public sector to the private sector

oversight

the effort by Congress through hearings, investigations, and other technique, to exercise control over the activities of executive agencies